Professional Documents
Culture Documents
Article 308 in relation to Article 309, and 6 of the Revised Penal Code. [4]
Version of the Prosecution
To prove the guilt of the accused, the prosecution presented Damalito Ompoc (Ompoc), a security guard; and William Michael N.
Arcenio (Arcenio), the Customer Relation Officer of Ororama Mega Center (Ororama), as its witnesses. Through their testimonies,
the prosecution established that on or about October 6, 2002, Ompoc saw Caneeran approach one of the counters in Ororama; that
Caneeran was pushing a cart which contained two boxes of Magic Flakes for which he paid P1,423.00; that Ompoc went to the packer
and asked if the boxes had been checked; that upon inspection by Ompoc and the packer, they found out that the contents of the two
boxes were not Magic Flakes biscuits, but 14 smaller boxes of Ponds White Beauty Cream worth P28,627.20; that Caneeran hurriedly
left and a chase ensued; that upon reaching the Don Mariano gate, Caneeran stumbled as he attempted to ride a jeepney; that after
being questioned, he tried to settle with the guards and even offered his personal effects to pay for the items he tried to take; that
Arcenio refused to settle; and that his personal belongings were deposited in the office of Arcenio. [5]
Version of the DefensE
Canceran vehemently denied the charges against him. He claimed that he was a promo merchandiser of La Tondena, Inc. and that
on October 6, 2002, he was in Ororama to buy medicine for his wife. On his way out, after buying medicine and mineral water, a male
person of around 20 years of age requested him to pay for the items in his cart at the cashier; that he did not know the name of this
man who gave him P1,440.00 for payment of two boxes labelled Magic Flakes; that he obliged with the request of the unnamed
person because he was struck by his conscience; that he denied knowing the contents of the said two boxes; that after paying at the
cashier, he went out of Ororama towards Limketkai to take a jeepney; that three persons ran after him, and he was caught; that he was
brought to the 4th floor of Ororama, where he was mauled and kicked by one of those who chased him; that they took his Nokia 5110
cellular phone and cash amounting to P2,500.00; and that Ompoc took his Seiko watch and ring, while a certain Amion took his
necklace.[6]
Canceran further claimed that an earlier Information for theft was already filed on October 9, 2002 which was eventually dismissed. In
January 2003, a second Information was filed for the same offense over the same incident and became the subject of the present
case.[7]
The Ruling of the Regional Trial Court
In its Judgment, dated September 20, 2007, the RTC found Canceran guilty beyond reasonable doubt of consummated Theft in
line with the ruling of the Court in Valenzuela v. People[8] that under Article 308 of the Revised Penal Code (RPC), there is no crime
of "Frustrated Theft." Canceran was sentenced to suffer the indeterminate penalty of imprisonment from ten (10) years and one (1) day
to ten (10) years, eight (8) months of prision mayor, as minimum, to fourteen (14) years, eight (8) months of reclusion temporal, as
maximum.[9]
The RTC wrote that Canceran's denial deserved scant consideration because it was not supported by sufficient and convincing
evidence and no disinterested witness was presented to corroborate his claims. As such, his denial was considered self-serving and
deserved no weight. The trial court was also of the view that his defense, that the complaint for theft filed against him before the sala
of Judge Maximo Paderanga was already dismissed, was not persuasive. The dismissal was merely a release order signed by the Clerk
of Court because he had posted bail.[10]
The Ruling of the Court of Appeals
Aggrieved, Canceran filed an appeal where he raised the issue of double jeopardy for the first time. The CA held that there could
be no double jeopardy because he never entered a valid plea and so the first jeopardy never attached. [11]
The CA also debunked Canceran's contention that there was no taking because he merely pushed the cart loaded with goods to the
cashier's booth for payment and stopped there. The appellate court held that unlawful taking was deemed complete from the moment
the offender gained possession of the thing, even if he had no opportunity to dispose of the same. [12]
The CA affirmed with modification the September 20, 2007 judgment of the RTC, reducing the penalty ranging from two (2) years,
four (4) months and one (1) day of prision correccional, as minimum, to eight (8) years, eight (8) months and one (1) day of prision
mayor, as maximum.
Canceran moved for the reconsideration of the said decision, but his motion was denied by the CA in its March 7, 2013
resolution.
Hence, this petition.
As can be synthesized from the petition and other pleadings, the following are the issues: 1] whether Canceran should be
acquitted in the crime of theft as it was not charged in the information; and 2] whether there was double jeopardy.
Canceran argues that the CA erred in affirming his conviction. He insists that there was already double jeopardy as the first
criminal case for theft was already dismissed and yet he was convicted in the second case. Canceran also contends that there was no
taking of the Ponds cream considering that "the information in Criminal Case No. 2003-141 admits the act of the petitioner did not
produce the crime of theft."[13] Thus, absent the element of taking, the felony of theft was never proved.
In its Comment,[14] the Office of the Solicitor General (OSG) contended that there was no double jeopardy as the first jeopardy
never attached. The trial court dismissed the case even before Canceran could enter a plea during the scheduled arraignment for the
first case. Further, the prosecution proved that all the elements of theft were present in this case.
In his Reply,[15] Canceran averred that when the arraignment of the first case was scheduled, he was already bonded and ready to
enter a plea. It was the RTC who decided that the evidence was insufficient or the evidence lacked the element to constitute the crime
of theft. He also stressed that there was no unlawful taking as the items were assessed and paid for.